Is it affected if you have left the country for more than 90 days in the past 12 months?

Q: If you have been outside the country for more than 90 days in the 12 months before applying for permanent residency, do you have to wait another year? A: For pathways such as work permit, BN(O), etc., which apply the continuous residence appendix, there is no unified "90 days in the previous year" threshold; whether a change is needed depends on your specific pathway and full eligibility period.

More than 90 days recently is not sufficient to determine ineligibility for application.

Which ILR applications is the "180-day" statement applicable to?

The current "Immigration Rules" Appendix Continuous Residence (CR 3.1) states the general requirement: absence from outside the country must not exceed 180 days in any 12-month period, and lists exceptions. Before breaking down this sentence, it is necessary to first confirm who is considered the "applicant": the appendix applies only to applications that are listed in it and meet the relevant route's continuous residence requirements, not all applications referred to as permanent residency.

The following is based on the rules available as of October 13, 2026, cross-referenced with common adult application routes; the days listed in the table refer to time spent outside the country, all of which must be combined with exceptions.

"Must not exceed" here allows exactly 180 days, but I do not recommend scheduling the next trip to the limit. Changes in return travel can also affect the calculation. The table is suitable for those who are applying near the deadline and need to confirm which row they belong to; it does not replace the relationship, work, income, or other eligibility requirements for each route.

"Any twelve months" will cross the New Year's Eve

"Any 12-month period" in CR 3.1 corresponds to rolling checks. Omissions in the current rolling method may miss issues, such as only summing up by calendar year or checking only the year prior to submission. Take a pure calculation example: the total of the 12 months prior to the application is 120 days, but within an earlier 12-month period, it accumulates to 190 days; even though the recent 120 days do not exceed the general limit, the earlier 190 days still need to be checked for applicable exceptions. Two trips, even if occurring in different years, may fall into the same review window. When organizing records, each departure, return to the UK, and reason during the full eligibility period should be placed in the same table to see such overlaps.

The 90-day level that was not added separately in the previous year; the applicable window during the full eligibility period still requires passing each one individually.

Ten years of continuous residence still requires separate verification of historical records. The current CR 3.3 retains the transitional arrangement for previous absences, and cannot cover the entire decade with the recent guidelines listed in the table. If the record spans April 11, 2024, it should be checked in segments according to the Home Office continuous residence guidance; when the previous travel crosses the boundary, it is also necessary to verify the cross-border handling, and note which rule is applied next to the travel table, to avoid missing the old segment.

Where does the 90 days come from? Home Office The "Form AN" guidance lists it as a general absence requirement for the 12 months prior to the naturalization application, with additional discretionary arrangements.

Same as spouse, the applicable boundaries are different

The Chinese term "spouse visa" needs to be addressed in the letter of approval. For the five-year family spouse settlement under Appendix FM, there is no fixed annual absence limit of 90 days or 180 days. The review still focuses on the continuous qualifying period and whether both parties intend to live permanently together in the UK. As stated in Home Office Family Life Guidance, if the applicant, partner, or both spend most of their time overseas, the caseworker may need to further assess this intention; factors such as the reason for travel, duration of absence, whether they travel and reside together, will all be considered. Therefore, even without a fixed number of days, longer absences overseas need to be explained by actual living arrangements, and a marriage certificate alone cannot answer all questions.

You may prepare documents such as joint residence records, overseas work or study arrangements, and explanations on how to maintain family life during the trip; the materials should correspond to the actual situation.

If applying as a dependent partner of a Skilled Worker, there is another clear basis: Appendix Skilled Worker SW 43.1 of the Immigration Rules requires meeting the continuous residence condition. The term "spouse" is commonly used, but it does not mean that two types of visas can share the same absence criteria. When confirming the route, check the approval letter and the applicant's category, which is more direct than just looking at what status the partner currently holds. For work visa families, it is also necessary to distinguish between partners and children. Home Office The guidance "Dependent Family Members on the Work Route" clearly states that dependent children are not subject to the limit on absence days; children still need to meet applicable requirements regarding parents' status, care, and independent living. Spouses and children can share the travel documents, but each person's eligibility must be assessed individually.

Couples or parents who have been on the ten-year family route cannot simply adopt the five-year spouse approach: Appendix Settlement Family Life's SETF 4.1 explicitly introduces the requirement of continuous residence.

The provisions allow for deductions, but must be justified.

Exception in CR 3.1 requires reading on to CR 3.4. One useful detail is in CR 3.4(g): absence due to work, study, or supporting family overseas can be excluded from the limit when applying for a ten-year family route settlement, provided that the family continues to maintain family life in the UK throughout the period of absence, with the UK as the permanent residence. This regulation provides direction for document preparation: not only explaining why the person left the country, but also proving how family life in the UK continued. Arrangements abroad, records of joint living, and materials regarding the UK residence should correspond with each other. Simply stating "to take care of family members" is insufficient to fully meet the requirements of the regulation.

Regular work visa holders cannot directly apply this family route clause; employer's approval for the trip does not automatically eliminate absence days.

CR 3.4 also lists exceptions such as serious compassionate reasons and designated research activities, but each has applicable conditions. When assessing, it is advisable to clearly write separately the total absence, the requested days to be deducted, and the basis, and submit evidence that matches the reason. For example, when involving a close relative's critical illness, the medical documents and explanation of the required care period are more responsive to review issues than just submitting round-trip tickets. The materials mentioned earlier about the ten-year family route can be more closely related to the reason: for overseas assignments, an employer's statement and corresponding salary records can be attached; for overseas study, a proof of enrollment can be attached; for supporting family members, explain why the other party needs help and what actual responsibilities you have undertaken. The guidance lists supports including illness, aging, and child care, so they should be prepared according to the actual reasons, without needing to describe all family care as a medical emergency.

My judgment is: those who meet all other conditions and are fully eligible for the window should not delay applying just to push back the recent absence to within 90 days. ILR

If a five-year family spouse has a longer overseas stay, the focus of the preparation should be on evidence of joint life and the reasons for the travel. If the initial calculation exceeds the applicable limit, first check each item's deduction basis, then decide on the submission arrangement; relying solely on the total number of days cannot confirm whether it will be approved or whether it must be postponed.

[Data Source] Home Office: Continuous Residency Rules and Guidelines; Family Life Guidelines; Form AN Guidelines.

This document is for reference only. For specific issues, please consult a licensed attorney.

1. 核对本人批准信，写明本次申请属于工作主申请人、受养伴侣、五年家庭配偶，还是十年路线。
2. 整理完整资格期的出入境记录，按适用规则检查窗口；将计划中的旅行也加入核算。
3. 把每段拟扣除缺席标明日期、条款和证据；家庭路线另附共同生活及英国住所材料，再据此确定申请安排。

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